Public Defenseless 400 | Why the Lawyers Handling 80% of Massachusetts's Public Defender Cases Stopped Taking New Cases w/Shira Diner
Oct 1, 2025
Shira Diner, a clinical instructor at Boston University Law School and former public defender with over 17 years of experience, discusses the striking work stoppage of Massachusetts Bar Advocates. She reveals how unsustainable pay has left thousands without legal representation, the contrasting support systems of public defenders versus private advocates, and the legislative responses ignited by this crisis. Shira emphasizes the potential long-term effects on defense recruitment and warns of ongoing systemic challenges facing the justice system.
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Private Bar Carries Most Indigent Work
- Bar advocates handle over 80% of Massachusetts's indigent defense work and stopped taking new cases in May over low hourly rates.
- The stoppage left thousands unrepresented and exposed structural reliance on underpaid private counsel.
Shira Diner’s Professional Background
- Shira Diner described her 17 years at CPCS and current role supervising BU Law students in the Criminal Defense Clinic.
- She also served as CPCS training lead and is past president of the Massachusetts Association of Criminal Defense Lawyers.
Mixed Model: Standards Without Supports
- Massachusetts uses a mixed model: a small staff public defender arm (CPCS) plus bar advocates who bill hourly as independent contractors.
- Bar advocates face the same performance standards as staff but lack offices, investigators, and administrative support.